Turning to what he described the more substantial defence, that concerning the clause printed on the "hiro chits" to the following effect, "Tt is distinctly understood that wwe taken no responsibility for any Injury caused to passengers through the fault of the chauffeurs or otherwise," his Lordship found that the "hire chit" had nothing to do with the making of a contract and, therefore, any notice appearing on, it was' not covered by. the authorities quoted by counsel for the defence, There the document. was delivered at the tie the contract was made. On the question of whether Mr. Turner had sufficient notice of the condition, owing to his. having written the order for the car-on 2 chit for a car hired on June 3, his Lordship held that the writing of the words "This car wanted at 3.30 p.m. to-morrow' could not be con-Frued as an adoption of anything else printed on the paper, while his Lordship found he could not agree with the contention that Mr. Turner must have known of the condition Because ho had received many chits before on payment of the same.
Tue Question or Dasace-
Dealing with the question of damage his Lordship awarded the whole sum claimed as special damage remarking that they seemed to be covered by the rules and were very moderately drawn up, while, as regarded the claim for Tls. 3,500 general damages, having in view the doctor's evidence, which showed that the lady had suffered very considerably and had had a good deal of pain and inconvenience and loss of health during about seven months and that she was not entirely well yet, it seemed to him that the sum of Ts. 2,000, which he awarded, was not exaggerated compensation.
The boy's claim, his Lordship thought, was a little high and he allowed $400 and the cost of his clothing. Costs would follow the event.
Text read from the printed page and cleaned; old type leaves the occasional error.